For the avoidance of doubt, the telecommunications networks and/or broadband connections to which FansWave's platform is connected are provided by an internet service provider independent from FansWave.
2. Information about us
We are FansWave Ltd. (“FansWave” or “we”, and the terms “us” and “our” shall be construed accordingly), a limited liability company registered in Hong Kong with registered number 60255489 and having our registered office at 3/F, Citicorp Centre, 18 Whitfield Road, Tin Hau, Hong Kong.
3. Changes of terms
4. Proprietary rights and licence
- 4.1. All trade marks, copyright, database rights, and other intellectual property rights of any nature and in any part of the world in the Service together with the underlying software code are owned directly either by us or by our licensor(s).
5. Conditions of use
- 5.1. You will not, nor will you allow third parties on your behalf to:
- a. make and distribute copies of the Service;
- b. attempt to copy, reproduce, alter, modify, adapt, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Service; or
- c. create derivative works of the Service of any kind whatsoever.
- 5.2. You must not use the Service to access internet services, or to send or receive e-mails or other electronic communications, which:
- a. are defamatory, threatening or which could be classed as harassment;
- b. contain obscene, profane or abusive language or material;
- c. contain pornographic material (that is text, pictures, images, films, sound or video clips of a sexually explicit or arousing nature);
- d. contain offensive or derogatory material including those regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition and/or sexual orientation;
- e. contain material which infringe any third party’s rights (including intellectual property rights);
- f. in our reasonable opinion may adversely affect the manner in which we carry out our business; or
- g. are otherwise unlawful, improper, inappropriate or immoral.
- 5.3. Music, video, pictures, text and other content on the internet are copyrighted works and you should not download, alter, e-mail or otherwise use such content unless you are certain that the owner of such works has authorized its use by you.
- 5.4. By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We recommend that you do not use the Service to transmit or receive any confidential information or data and should you choose to do so, you do so at your own risk.
- 5.5. We have no responsibility for, or control over, the internet services you access and we do not guarantee that any services are free from error, bugs or virus.
- 5.6. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service or the server on which the Service is based nor any server, computer or database connected to the Service.
- 5.7. We have no responsibility for, or control over, the information you transmit or receive via the Service.
- 5.9. By using the Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and services and to provide the Service to you.
- 5.11. The Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for, and do not endorse, their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
6. Personal data
7. Use of the Service
- 7.1. You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in Hong Kong or in any country throughout the world.
- 7.2. You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses and Mac Addresses of any Devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.
- 7.3. You further agree that we are entitled to co-operate with law enforcement authorities, governmental agencies, other authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information that we have and are entitled to provide by law to such law enforcement authorities, governmental agencies, other authorities and/or rights-holders.
8. Availability of the Service
- 8.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality.
- 8.2. We do not guarantee that the Service, or any content in it, will always be available or be uninterrupted. Availability of the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
- 8.3. We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
- 8.4. We accept no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of liability
- 9.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Service, including but not limited to loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
- 9.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
- 9.3. We are not liable to you for any damage or alteration to any Devices and other equipment, including but not limited to computer equipment, handheld devices or mobile telephones as a result of the installation or use of the Service.
- 9.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Devices and any programs, data or proprietary material contained in such Devices due to your use of the Service.
- (i) you have violated these Terms of Service;
- (ii) you create risk or possible legal exposure for us; or
- (iii) our provision of the Service to you is no longer commercially viable.
11. Events Outside Our Control
12. Other important terms
13. Governing Law and Jurisdiction
For any query, please contact FansWave Ltd. at 3/F, Citicorp Centre, 18 Whitfield Road, Tin Hau, Hong Kong or email email@example.com.